Chương IX Luật Thi hành án hình sự 2010: Thi hành án phạt cấm đảm nhiệm chức vụ, cấm hành nghề hoặc làm công việc nhất định

Chapter IX

EXECUTION OF THE SENTENCE OF BAN FROM HOLDING CERTAIN POSITIONS, PRACTICING CERTAIN PROFESSIONS OR PERFORMING CERTAIN JOBS

Article 107. Procedures for execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs

1. Two months before the expiration of the term of the prison sentence against an inmate subject to the additional sentence of ban from holding certain positions, practicing certain professions or performing certain jobs, the warden of the prison or detention camp, or the head of the criminal judgment execution agency of the district-level police office of the place in which this inmate serves the prison sentence shall notify in writing the execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs to the commune-level People's Committee, the criminal judgment execution agency of the district-level police office and the district-level people's procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.

2. Right after an inmate subject to the additional sentence of ban from holding certain positions, practicing certain professions or performing certain jobs completely serves the prison sentence, the prison, detention camp or criminal judgment execution agency of the provincial-level police department shall send the certificate of complete serving of the prison sentence and copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office and the district-level procuracy of the place in which this inmate will come to reside or to the criminal judgment execution agency and the procuracy of the military zone in which the unit such person will work in is based.

3. Within 5 working days after receiving the documents specified in Clause 2 of this Article, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier for execution of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs and notify such in writing to the commune-level People's Committee of the locality in which the sentenced person will reside. Such a dossier comprises;

a/ A copy of the legally effective judgment; a copy of the prison sentence execution decision;

b/ The certificate of complete serving of the prison sentence;

c/ Other documents related to the judgment execution.

4. In case a person subject to an additional penalty of ban from holding certain positions, practicing certain professions or performing certain jobs is obliged to serve the principal penalty of caution, fine or non-custodial reform or is allowed to serve a suspended sentence, the term of the ban on holding certain positions, practicing certain professions or doing certain jobs shall be counted from the date the judgment becomes legally effective. The court which has issued the judgment execution decision shall send copies of the judgment and the judgment execution decision to the criminal judgment execution agency of the district-level police office and procuracy of the place in which such person will reside or the criminal judgment execution agency and procuracy of the military zone in which the unit such person will work in is based. Upon receiving the judgment execution decision, the criminal judgment execution agency of the district-level police office or military zone shall compile a dossier and notify such to the agency, organization or army unit in which the person serving the sentence will work or the commune-level People's Committee of the place in which such person will reside.

5. The criminal judgment execution agency of the district-level police office or military zone shall monitor and supervise the serving of the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs under the court judgment. Upon the expiration of the sentence term, the criminal judgment execution agency of the district-level police office shall grant a certificate of complete serving of the sentence. Such certificate shall be sent to the sentenced person, the commune-level People's Committee of the place in which he/ she resides, the agency, organization or army unit in which he/she works, the court which has issued the judgment execution decision and the provincial-level Justice Department of the place in which the certificate-issuing criminal judgment execution agency is based.

Article 108. Rights and obligations of persons serving the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs

1. A person serving the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs has the following rights:

a/ To stand as a candidate for, be appointed or promoted to a position, practice a profession or do a job not subject to the ban;

b/ To resume holding a position, practicing a profession or doing a job subject to the ban after completely serving the sentence;

c/ To be granted a certificate of complete serving of the sentence upon the expiration of the sentence term.

2. While being banned from holding certain positions, practicing certain professions or performing certain jobs, a sentenced person has the following obligations:

a/ To report on positions, professions or jobs he/she is banned from holding, practicing or doing to the agency or organization in which he/ she works and to the commune-level People's Committee of the place in which he/she resides;

b/ To refrain from further holding, practicing or doing or to be forced to refuse holding, practicing or doing certain positions, professions or jobs subject to the ban;

c/ To refrain from standing as a candidate for a position subject to the ban;

d/ To show up him/herself when being summoned by a competent agency in relation to his/her judgment execution.

Article 109. Responsibilities to execute the sentence of ban from holding certain positions, practicing certain professions or performing certain jobs

1. The agency or organization in which a sentenced person works shall:

a/ Issue a decision to relieve him/her of a position he/she is banned from holding or request a competent authority to issue such a decision and publicly notify it within the agency or organization;

b/ Refrain from nominating, promoting, appointing or arranging him/her to a position, job or profession banned to him/her;

c/ Report judgment execution results to the criminal judgment execution agency of the district-level police office or military zone;

d/ Notify the agency or organization in which he/she is transferred to work of his/her serving of the sentence. This agency or organization shall comply with Points a, b and c of this Clause.

2. The commune-level People's Committee of the place in which a sentenced person resides shall:

a/ Publicly notify the judgment in the place in which he/she comes to reside;

b/ Report on judgment execution results to the criminal judgment execution agency of the district-level police office;

c/ In case he/she moves to a new place of residence, notify the commune-level People's Committee in this place of his/her serving of the sentence. The commune-level People's Committee the new place of residence shall comply with Points a and b of this Clause.